Terms and Conditions
General Terms & Conditions of:
K&L Wall-Art LLC 271 Western Ave 01904 Lynn, MA
01 Subject Matter of the Contract
The following terms and conditions (GTC) apply for the sale and shipping of all goods that the buyer has ordered using www.my-wall-decal.com.
02 Exclusive Validity of our GTC
Our GTC are valid exclusively. We do not recognize contradictory or differing conditions of users unless we have explicitly agreed to them in writing.
03 Conclusion of the Agreement
If you place an order by e-mail or through our homepage www.my-wall-decal.com, you will receive a confirmation via e-mail (acknowledgement of receipt). The agreement between the seller and the buyer is not concluded by the buyerÂ’s order or the sellerÂ’s acknowledgment of receipt but by the sellerÂ’s acceptance of the order.
We deliver our products exclusively to customers in the continental United States. If not agreed upon otherwise, the delivery will be made from our manufactory. The delivery will takes place after the acknowledgment of receipt and processing of the order. We aspire to process and deliver the ordered goods as soon as possible. If we cannot deliver according to schedule, we will inform you as soon as possible. We reserve the right to deliver partial supplies, unless they are unreasonable to accept for the buyer.
05 Reservations of Proprietary Rights and Copyrights
We maintain the right of ownership of the ordered product, as well as all other items of the same order, until the client has met all demands and claims resulting from his business relationship with us. The copyright holder of the designs of our products is K&L Wall-Art or other third parties. Any reproduction, editing or other use of the designs for commercial purposes violates copyright law and is prohibited. If you supply your own template for production of a Wall Decal, you have to ensure that you are authorized to do so. You have to guarantee in particular that the template has been legally manufactured and that the Wall Decal we will produce thereof is for private use only. We reserve the right to reject production if the template has been apparently illegally manufactured or if there is reason to suspect that production could harm rights of third parties. In the event of violation against copyright laws or other industrial property rights of third parties in connection with the usage of a buyer, the buyer shall indemnify the seller from any claims arising from the respective holder.
06 Payment and Shipping Costs
All of the prices in our shop are stated without sales tax. The purchase price is due and payable before delivery, unless a down payment has been agreed upon. You can pay by Credit Card or using Paypal. When paying by credit card, your card will be charged after your order has been processed. Shipping costs are indicated separately before submitting your order. Additional fees for deliveries to AK, HI, PR may apply. Products made to measure which cannot be sent using standard shipping due to their size or weight, will be delivered through a haulage contractor. The costs may vary due to size and weight.
The right of retention or offset against any counterclaims is only possible if such counterclaims have been adjudicated or acknowledged by us. The buyer can claim a right of retention only on the account of claims arising from the same order.
Should the buyer fail to pay, a default interest of 5% shall be levied for the due payment (if the customer is an entrepreneur, public law corporation or public sector fund 8%) over and above the respective base rate. The contractual partner is entitled to prove that we have suffered less damage or none at all.
09 Warranty and Liability
Die Warranty is subject to legal regulations, except insofar as otherwise provided herein below.The images of the samples of our products on the internet cannot depict quality, measurement or color true to original. With natural materials, slight variations in structure and color are possible. We commit ourselves therefore explicitly to only deliver goods of same kind and quality once.For customers the period of warranty is 1 year as of the delivery of the goods.If a defect occurs within the statutory warranty period, we hold the right to either replace the item by one of same value or to repair the defect. Should replacement not be possible or the replacement delivery should be faulty twice, the customer holds the right, corresponding to legal requirements, to either withdraw from the contract or to ask for an accordant purchase price lowering. Further requirements remain unaffected.We are only liable for property damages of all kinds incurred not to the delivered item itself in cases of intentional and grossly negligent behavior in accordance with legal requirements. In any case of slight negligence we are liable for financial loss or property damage only when essential duties (cardinal obligations) of the agreement have been violated. Liability is restricted to the regular, typical foreseeable case of damage. Liability for (consequential) damage not covered by this agreement shall be excluded. In so far as our liability is excluded or limited, this shall also apply to the personal liability of our vicarious agents or other persons associated with K&L Wall-Art.
Vouchers cannot be redeemed into cash. In case of cancellation of an order paid by voucher, the buyer is not entitled to cash payment.
11 Final Provisions
Should the buyer represent a business or corporate body of public law, the place of jurisdiction concerning all disputes arising from this contract is MA. Should one or more of the provisions of the GTC be ineffective, it will not result in the ineffectiveness of the entire contract. The provision rendered invalid shall be replaced by the relevant statutory provision.
Lynn, MA, 07-01-2010